Tag Archives: Belgium

What makes a book rare?

No doubt in 2011 rare books will show up in this blog. But what makes a book rare? I had no idea I would write about rare books in my first posting this year, and perhaps this fact helps to understand the word rare better. Instead of rare, meaning only seldom seen, known to be present at only a few locations, rare often has the added quality of being unlooked for. The departments of research libraries for Rare Books and Special Collections often combine this approach of bringing together manuscripts and books that have survived the centuries, editions of texts once common but now only found after extended research, and books and items brought into the possession of a scientific institution in a remarkable way. A scholar left his book collection, his research notes, lectures or papers to a university library, or a librarian succeeds at an auction in buying books on a particular theme. Sometimes a particular book was already a rarity at the time it left the press because of its contested contents or of its beautiful layout. It could have been printed on expensive paper or even parchment, and a priceless luxury binding increased its value, too.

You might have guessed that I somehow could not help spotting old books today, completely against the planning for new postings. I surfed to Belgica, the digital library of the Royal Library in Brussels. As an example of valuable editions now digitized the Royal Library presents in its showcase a volume with 43 juridical dissertations defended between 1652 and 1655 at the University of Franeker under the aegis of Johann Jacob Wissenbach (1607-1665). The accompanying note states these dissertations are not included in the Short Title Catalogue Netherlands (STCN). The STCN aims at presenting data on Dutch imprints between 1540 and 1800 present in a generous selection of major Dutch libraries.

Which facts would enforce the conviction that these old juridical dissertations once defended at a university in Frisia are indeed rare and worth digitizing? The volume came originally from the library of the dukes of Arenberg and was confiscated after the First World War. This story accounts at least for the unexpected way this volume came into the possession of the Belgian Royal Library, but surely more can be done to estimate its rarity. One of the major projects for digitizing old dissertations is housed at the Max-Planck-Institut für europäische Rechtsgeschichte at Frankfurt am Main. To its holdings belong more than 70,000 juridical dissertations defended at universities within the borders of the former Holy Roman Empire. At Frankfurt 31 dissertations from Franeker have been digitized, and the dissertations at Brussels are not among them. This fact can rightfully form an indication that the 43 mid seventeenth-century dissertations are rare indeed.

I will not make this post any longer than necessary, and therefore I will just indicate which further steps need to be taken to ascertain more about the rarity of this volume. One step is to look at the holdings of libraries worldwide for particular dissertations within this set. Modern meta-catalogues are truly catalogi omnium catalogorum, foremost among them the Karlsruher Virtueller Katalog. The KVK enables you to search in many catalogues – including collective catalogues – at the same time with just one search action; text search is one of the latest additions to the KVK. Neither the KVK nor a few other major collective catalogues mention these particular dissertations. The other way to tackle this question is the road of bibliographies. Ferenc Postma and Jacob van Sluis published for the Frysk Akademie a bibliography of publications from Franeker, Auditorium Academiae Franekerensis. Bibliographie der Reden, Disputationen und Gelegenheitsdruckwerke der Universität und des Athenäums in Franeker 1585 – 1843 (Leeuwarden 1995). Postma and Van Sluis did every effort to find disputations from Franeker wherever held. In my opinion one can state safely whether an old edition from Franeker is rare or not by referring to their bibliography. Tracking juridical dissertations and establishing their authorship is something for specialists indeed. On publications by lawyers from Franeker it is also useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811 by Robert Feenstra, Theo Veen and Margreet Ahsmann (Amsterdam 2003).

Tresoar at Leeuwarden is the institution which combines the forces of the Frysk Riksarchyf and the Provincial Library of Frisia. For curiosity’s sake and because of the rich holdings housed at the former Treasury I checked for Johann Jakob Wissenbach in its catalogue. For Douvo Mellinga who held a disputation in 1654 contained in the set at Brussels a small volume survives with laudatory words by Wissenbach; to guess from the abbreviated title poems are concerned.

To round off for today, some books are certainly unlooked for! You will not expect Frisian books at Brussels. However, take for a random example a digitized book on Danish litterature at Tresoar in Leeuwarden, the edition Hafniae (Copenhagen) 1651 of [Runir] seu Danica literatura antiquissima by Ole Worm, is less surprising in view of the relatively small distance between Frisia and Denmark. I look forward to find more at the Belgica collection at Brussels, even if I have to inform you that the search function for this digital library does not work as expected. Using the normal catalogue and being alert for URL’s in the search results brings you to the digitized items, not just books, but also maps, music scores, drawings, engravings and medals.

A postscript

In this post I did not give a clear and succinct answer to the question whether the Brussels volume is rare indeed, but I can now safely vouch for its rarity. Checking for Douvo Mellinga in the Karlsruher Virtueller Katalog led me to the Gemeinsamer Verbund Katalog which shows at the Universitätsbibliothek Hamburg a volume with two sets of disputations from Franeker, 43 in the first and 59 in the second, all presided by Johann Jakob Wissenbach, printed by Arcerius (Franeker 1658). In this volume the first disputation by Bartholomaeus Franck seems to be identical with the first disputation in the Brussels convoluted set, and the eleventh disputation in both sets is by Douvo Mellinga. It seems the Hamburg online catalogue shows old or incomplete bibliographical data, or more probable, one assumed the publisher of the second set to be also the publisher of the earlier “first” set. Cataloguing old juridical dissertations is a task for experts, and I do not want to offend any librarian. Ferenc Postma send me a comment stating he and Jacob van Sluis have found some 500 “new” titles for a supplement to their bibliography.

A preview of two sites

When is a new site live: when its makers put a notice on the main page or when they send announcements by e-mail to all and sundry? Or does the life of a new site start when you somehow find it and start visiting it? As it happens I know of two new sites for legal history, Rechtsgeschiedenis.org, a Dutch site primarily for Dutch legal history, and Storia del diritto medievale e moderno, an Italian website with medieval and modern history as the main subjects. I must have detected the Italian website rather early, because it has now received a new and obviously official name, but also a notice “Under construction”.

Paolo Alvazzi del Frate (Università Roma Tre) has already two blogs on legal history, on French legal history, Storia giuridica francese – Histoire juridique française, and on Italian law in the modern period. Both have recently received a new outlook. One of their salient features are the very useful link collections. Somehow it is logical that Alvazzi del Frate should have taken the initiative for a new site on Italian legal history. Storia del diritto medievale e moderno shows on its start page an image of the inner court of some official institution: a law faculty, a court of justice? The site proposes to publish news and notices on new publications. There will be a section with essays, articles and texts. Space has been allotted to discussions and to an online forum. The link section is already present. Remarkable are the lists with researchers organized into three ranks, ordinary professors, associated professors and researchers. Tanti auguri per questo sito!

The new Dutch site has been developed on behalf of the Foundation for Old Dutch Law which until now had only some basic but useful pages at Maastricht University. Paul Brood and Marie-Charlotte Le Bailly take responsibility for the new website. Rechtsgeschiedenis.org will devotes space to news (Actualiteit). In fact because news items show up here regularly since more than one month, one can consider this at least for a part as a functioning new website. The section on research (Onderzoek) is most promising: here a bibliography is about to appear. Texts, databases, thematic dossiers and links will be added; the link section is as yet the same as on the old pages. Of course the Foundation for Old Dutch Law is present, too, with all the usual information. You can find here for example a set of links to editions of municipal law books edited by this foundation which have been digitized in the wake of the work for the Deutsches Rechtswörterbuch at Heidelberg. Worth mentioning are the journal Pro Memorie and the ongoing series started in 2000 of guides to legal procedure at several Dutch historical courts. Interesting is also the section Annuarium, a space for personal profiles of researchers.

“Why is the law as it is? How did it develop? Why don’t we know the trial by jury and lay judges as in other countries? Are there traces of old indigenous law in modern law?” Questions at the start page of Rechtsgeschiedenis.org. Posing these and other questions is one of the reasons for doing legal history. On the new site is also the intention expressed of becoming a new exchange platform for Dutch and Belgian researchers. One can only applaud the proposal and wish this new site a very rich future!

Let’s add two news items concerning Dutch and Belgian legal history:

Universal and utopian

This year I have spent quite some time searching the internet both for information for my postings and for the pages of my website www.rechtshistorie.nl. At some turns I felt the clear temptation to use the main gateways to online information. In particular when dealing with digital libraries the presence of WorldCat, the Open Library and the World Digital Library seemed an invitation to refer people for once and forever to these endeavours which aim so much wider and higher than my efforts. However, when I tried to use these websites most times I returned empty-handed. With only 1350 items the World Digital Library still has many empty shelves, even if one has to applaud the fact that all continents and major regions of the world are represented. Many months ago a notice by archivist Eric Hennekam on his Dutch archive forum made me smile about such heroic efforts. It makes one aware of the many obstacles faced by the pioneers behind these projects with a claim to completeness or worldwide coverage, and of the fact that the 21st century is not the first century to witness similar proposals. Through the centuries lawyers, too, have left their footprints on this trail.

The Mundaneum

Logo MundaneumHennekam pointed to the history of the Mundaneum at Mons, about which institution The New Yorker had published in June 2008 an article by Alex Wright, “The Web Time Forgot“. The Internet Archive has stored the documentary All Knowledge of the World (Alle kennis van de wereld) by the Dutch VPRO television from 1998 about the creator of the Mundaneum, Paul Otlet (1868-1944). Wright tells the story with more skill than I have at my disposal, so I will only give a summary. Otlet was a Belgian bibliographer who created the Universal Decimal Classification. He worked together with the Belgian politician and pacifist Henri la Fontaine (1854-1943) who won the Nobel Prize for Peace in 1913 for his Bureau International de la Paix. La Fontaine teached international law at the Université Libre at Bruxelles. In 1895 Otlet and La Fontaine founded the “Institut International de Bibliographie”. Otlet did not only devise a new classification system, but used it at his institute and envisaged powering it with a mechanical system to link information. Many million library records survive and eventually the project became too vast. In 1934 Otlet published his major bibliographical work, the Traité de documentation in which he presented his vision of reading library books at home using a kind of telescope. The card collection was housed at several addresses before the remains arrived at Mons after the Second World War. Today the Mundaneum offers shelter to archives on feminism, pacifism and anarchism.

Were Otlet and Fontaine the first people to create such projects? The nickname of an early multivolume collection of juridical treatises, the series called Primum [-Decimum] volumen tractatuum doctorum iuris published in Lyon in 1535 was “Oceanus iuris”, “The Ocean of Law”. At Jena the Thüringer Universitäts- und Landesbiblothek has created a digital edition of this edition in ten volumes from its “Historische Bestände“. The Bibliotheca Universalis (1545) of Konrad Gessner – online at the Universitat de Valencia – can claim to be the first early modern attempt at universal bibliography. More early editions books of works by this Swiss scholar have been digitized for E-Rara. The Lyon 1549 edition of the Tractatus Universi Iuris counts seventeen volumes, and the better known version printed between 1584 and 1586 at Venice has 27 volumes with four volumes for the indices. Gaetano Colli has used his book about this edition of the Tractatus Universi Iuris to create an online database to assist the search for treatises by particular authors or on special subjects in this collection.

Other early lawyers tried to create comprehensive surveys of all fields of law. Giovanni Nevizzano published a Index librorum omnium qui in vtroque iure hinc inde eduntur (Venice 1525; online in Vienna at the Österreichische Nationalbibliothek), a generation later superseded by Giovanni Baptista Ziletti and his Index librorum omnium nomina complectens, in utroque iure tam pontificio quam caesareo (Venice 1559), better known as the Index librorum omnium iuris tam pontificii quam caesarei (Venice 1566), an edition digitized at the Göttingen Digitalisierungszentrum. Among their successors are for instance Agostino Fontana with his Amphitheatrum legale (4 volumes, Parma 1688-1694; reprint Turin 1961; online at the University of Michigan, Hathi Trust Digital Library) and Martinus Lipenius with the Bibliotheca realis iuridica first published in 1679. The Leipzig 1757 edition – online at Polib, the digital library of the universities of Lille - has been reprinted in 1970. The 1775 and 1789 supplements are online at the Hathi Trust Digital Library, and now also the edition 1679. It should not surprise you that I have not yet found a digital version of all works mentioned here. Please do not hesitate to share your knowledge if you know more!

A most remarkable digitization project is to be found at the Biblioteca Marucelliana in Florence for the multi volume manuscript called Mare Magnum, a universal bibliography created at the beginning of the eighteenth century by Francesco Marucelli. This manuscript was never printed, but can now be consulted online. In the last century John Gilissen and a team of legal historians working with him edited a bibliographical project with a less ambitious title, Introduction bibliographique à l’histoire du droit et à l’ethnologie juridique (6 vol. in 8 parts, Bruxelles 1963-1988).

I would like to finish this posting by bringing you to a digital library at the Université de Poitiers called Les premiers socialismes, a new project with both modern studies on the first French socialists such as Fourier and Saint-Simon and works by them. Socialist utopism was an important current in the nineteenth century. The links selection on this site could bring you to the Familistère de Guise, a housing and factory project near St. Quentin, on its website characterized as a realized utopia.

Clearly some people will keep trying to realize utopian projects. Modern technology certainly offers some of the means to create also virtual utopias. The internet realizes to a large extent even more than visionaries like Jules Verne could dream of or describe. These days it is clear that bringing digital information on an unprecedented worldwide scale is not just the dream of scholars or journalists, but a major fact in private lives and public life. Politics and law are touched by it and try to influence it. A legal history of Internet is not a fancy book title anymore.

A postscript

On March 17, 2011, Mike Widener, curator of the Rare Book Room of the Lilian Goldman Law Library of Yale University, wrote a blog post showing the frontispiece of the Jena 1743 edition of Burkhard Gotthelf von Struve’s Bibliotheca iuris selecta, another legal bibliography. Of Struve’s work several reprints and enlarged editions exist. Many works by Struve have been digitized in Halle, Dresden and Munich. Using the OPAC Plus catalogue at Munich you can now find seven (!) digitized editions of Struve’s Bibliotheca iuris selecta, Jena 1703, 1710, 1714, 1720, 1725, 1743 and finally the 1756 edition. The Jena 1725 edition has also been digitized now at Dresden.

A new portal

The legal historians from Ghent publish every month Rechtshistorisch Nieuws, a digital newsletter (in Dutch) on legal history. You can subscribe to their e-mail service to receive this bulletin, which is published also at www.rechtsgeschiedenis.be, the site of the department for legal history at Ghent University. Every month you can find in this bulletin announcements of new books, events and lectures. The final item is often a short notice on a new website. In the latest issue of Rechtshistorisch Nieuws Fontes Historiae Iuris, a new portal site from Lille is presented briefly.  The aim of this new portal is to give you direct access to digitized old legal books and several kind of sources within a predefined framework: legislation, doctrine, custom law, jurisprudence (in particular collections of sentences), legal encyclopedias and dictionaries, and to provide guides to them. At this moment you will find for example guides to the collections of arrêts of the parlements, the high courts during the French Ancien Régime. Renaud Limelette offers a guide (in French) to the archives of the Parlement de Flandre in the period 1667-1790. These archives are mainly kept at the Archives Départementales du Nord at Lille. The ADN is famous for the diversity of the sources preserved, which are important not only for French history, but also for the legal history of Belgium and the Netherlands. However, presenting digitized books with relevance for legal historians, in an easy accessible way, is the main aim of Fontes Historiae Iuris. At this moment you will find mainly French works and translations into French from the eighteenth and nineteenth century. The équipe at Lille tries to create a bilingual portal: let’s hope they succeed on that road, too!